ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

April 05, 2022

Employer's zero-tolerance policy for workplace violence sustained

The Appellate Division unanimously affirmed Supreme Court's denial of Plaintiff's petition to vacate an arbitration award that found Plaintiff guilty of violating his employer's zero-tolerance policy for workplace violence and imposing a penalty of a 25-day suspension without pay.

The court rejected Petitioner's contention that the arbitration award was irrational because the arbitrator did not explain where Petitioner should have "should have retreated" from the confrontation as "the path of analysis, proof and persuasion by which the arbitrator reached [his] conclusion is beyond judicial scrutiny," citing Matter of New York State Correctional Officers and Police Benevolent Assn. v State of New York,94 NY2d 321.*

The Appellate Division also observed that the arbitration award did not violate public policy as there are "no public policy considerations which would prohibit an arbitrator from deciding if an employee should be disciplined for workplace violence or imposing a 25-day suspension for such violence."

* In Correctional Officers the Court of Appeals held that courts "are not authorized to revisit ... the arbitrator's assessment of the evidence ... or reasoning in fashioning the [arbitration] award".

Click HERE to access the Appellate Division's decision posted on the Internet.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com